Shayara Bano, 35, from Uttarakhand might well become the next Shah Bano.

If the latter’s name is etched in history on the issue of post-divorce maintenance, the former may become the catalyst for the ban of “discriminatory” practices like triple talaq from the country which is resulting in gender discrimination.

The centre is opposed to the Muslim practice of triple talaq, it has informed the Supreme Court, describing it as "misplaced in a secular country."

Bano, a sociology post graduate and a mother of two, moved to the Supreme Court, saying the practice of triple talaq and polygamy under Muslim personal laws were “illegal and unconstitutional."

Her legal battle got a shot in the arm with the government on Friday filing an affidavit in the apex court opposing such practices.

The petition said triple talaq and polygamy under Muslim personal laws are ‘unconstitutional’

The government said there is no reason that women in India should be denied their Constitutional rights’ when “Muslim countries where Islam is the state religion have undergone extensive reform” in this sphere.

Bano’s story is shocking- she endured a bad marriage, an abusive husband, forced abortions and physical and mental agony for over 10 years.

Last year, her husband sent a letter to her parents’ home where she was staying for almost a year. Inscribed on that piece of paper were three words: “Talaq, Talaq, Talaq”.

“The fact that Muslim countries where Islam is the state religion have undergone extensive reform goes to establish that the practices in question cannot be regarded as integral to the practice of Islam or essential religious practices.

Secularism being a hallmark of Indian democracy, no part of its citizenry ought to be denied access to fundamental rights, much less can any section of a secular society be worse off than its counterparts in theocratic countries, many of which have undergone reform,” said the government’s affidavit.

The Centre argued that triple talaq is ‘misplaced’ in a secular country like India.

Taking a progressive stand, the Centre told the highest court in its affidavit that validity of triple talaq and polygamy should be seen in light of gender justice.

It said that triple talaq goes against the principle of gender equality, calling it ‘unfair, unreasonable and discriminatory.'

The government's views came out in last month’s meeting of Group of Ministers formulated on the issue.

Home Minister Rajnath Singh, finance minister Arun Jaitley, defence minister Manohar Parrikar and women and child development minister Maneka Gandhi met last week to deliberate on the government's possible stand to be taken in Supreme Court on the Muslim practice of triple talaq (talaq-e-bidat).

Bano's husband sent a letter, which had triple talaq written that implied their divorce

Opposing petitions of nearly seven aggrieved Muslim women who wanted the Court to scrap the practice, the All-India Muslim Personal Law Board (AIMPLB) has filed a response saying Constitution does not touch upon the personal laws and therefore the Supreme Court cannot examine the question of constitutional validity of the practices of marriage, divorce and maintenance in Muslim personal law.

The top court had asked the government to weigh in on the debate as to whether intervening in the law would violate the Muslim community's fundamental rights.

According to a report by NDTV, the centre today said: "gender equality and the dignity of women are not negotiable" and told judges that "even theocratic states have undergone reforms in this area of law" which reinforces that these practices cannot be considered an integral part of practice of Islam.

Centre’s affidavit comes at a time when AIMPLB, defending the validity of triple talaq, even took the bizarre ground that if the practice is discontinued, a man could even murder or burn his wife alive to get rid of her.

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“If a serious discord develops between a couple, and the husband does not want to live with the wife, legal compulsions of time-consuming separation proceedings and expenses may deter him from taking the legal course. In such instances, he may resort to illegal, criminal ways of murdering or burning her alive,” stated the AIMPLB’s affidavit.

But in its affidavit the Centre said: “Gender equality and dignity of woman are non-negotiable, over arching constitutional values can brook no compromise. These rights are necessary in letter and in spirit to realise aspirations of every individual woman.”